At Heritage, we believe that education is an important part of the estate planning process. On this blog we will be sharing some information, articles, and opinions that you may find helpful along your way.

Guardian

11/14/2014

My husband and I have decided we would want our kids to go to my brother and his family, who live in another city, a 10-hour drive away. We think my brother and his wife would raise them more how we would want them to be raised, especially when it comes to the big decisions.

What can we say to my husband’s brother and his wife that won’t hurt their feelings? Do we even have to say anything?

Parents do not want to contemplate not being around to rear their own children. They also do not want to choose between relatives to raise the children. It can feel like those relatives who are not chosen are being rejected and insulted. Parents do not want to leave those relatives with lingering hurt feelings. But choosing guardians is an extremely important task, and one that should not be avoided.

On the one hand, not telling them could lead to family feuds and hurt feelings when and if they later find out. On the other hand, telling them could lead to hurt feelings and feuds now. This is a situation where there is not necessarily a right answer that is generally applicable.

What to do depends on the individuals involved.

The article does make one very important point, however. Anyone who is chosen to be a guardian of minor children should be told beforehand.

Before making an estate plan that nominates someone for guardianship of minor children, it is important to make sure that the potential guardian is willing to do the job. An experience estate planning attorney can assist you every step of the way.

Planning for the future can be confusing. If you are looking for guidance, visit Heritage’s website.

10/14/2014

“This is about protecting the state’s most vulnerable people,” Pelanda said. “We want to hold those in charge of others responsible and ensure they know what’s expected of them.”

Ohio is taking action against a developing problem: guardianship abuse.

Recent media reports have revealed that Ohio has a large problem with some court-appointed guardians who abuse their wards. The guardians are people whom the court has approved and appointed as guardians over elderly people and others who cannot handle their own affairs.

This is not just a problem in Ohio. It happens all over the country. One of the reasons it happens is because the court appointed guardians often have no prior relationship with their wards. That is actually a problem you can normally prevent from happening to you.

If you have a proper estate plan drawn up, then you will create powers of attorney and appoint someone you trust to make financial and health care decisions when you are unable. You might also create a trust, so a trustee oversees your finances. Again, the benefit of doing this is nominating people you know and trust. With a proper estate plan, there is often no need for a court to even consider appointing a guardian for you.

If you do not have an estate plan, make an appointment with an experienced estate planning attorney as soon as you can. Guardianship abuse needs to be stopped. The best way to stop it is to prevent the possibility of a guardianship in the first place.

You can visit our Website to learn how you can get in contact with the Attorneys at Heritage Elder Law & Estate Planning, LLC.